Title 20A Chapter 1 Section 704

Election Code
General Provisions
Section 704
Judgment and findings -- Appeal -- Criminal prosecution not affected by judgment.

            

20A-1-704.   Judgment and findings -- Appeal -- Criminal prosecution not affected by judgment.

            (1) (a) If the court finds that the candidate whose right to any office is being investigated, or that the candidate, the candidate's personal campaign committee or any member of the candidate's personal campaign committee has violated any provision of this title in the conduct of the campaign for nomination or election, and if the candidate is not one mentioned in Subsection (2), the judge shall enter an order:

            (i) declaring void the election of the candidate to that office;

            (ii) ousting and excluding the candidate from office; and

            (iii) declaring the office vacant.

            (b) The vacancy created by that order shall be filled as provided in this chapter.

            (2) (a) If a proceeding has been brought to investigate the right of a candidate for either house of the Legislature, and the court finds that the candidate, the candidate's personal campaign committee, or any member of the candidate's personal campaign committee has violated any provision of this title in the conduct of the campaign for nomination or election, the court shall:

            (i) prepare and sign written findings of fact and conclusions of law relating to the violation; and

            (ii) without issuing an order, transmit those findings and conclusions to the lieutenant governor.

            (b) The lieutenant governor shall transmit the judge's findings and conclusions to the house of the Legislature for which the person is a candidate.

            (3) (a) A party may appeal the determination of the court in the same manner as appeals may be taken in civil actions.

            (b) A judge may not issue an injunction suspending or staying the proceeding unless:

            (i) application is made to the court or to the presiding judge of the court;

            (ii) all parties receive notice of the application and the time for the hearing; and

            (iii) the judge conducts a hearing.

            (4) Any judgment or findings and conclusions issued as provided in this section may not be construed to bar or affect in any way any criminal prosecution of any candidate or other person.


Enacted by Chapter 1, 1993 General Session